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5 | 5 | | 2023 -- S 0123 |
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6 | 6 | | ======== |
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7 | 7 | | LC000340 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO CRIMINAL OFFENSES - WEAPONS |
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16 | 16 | | Introduced By: Senators Raptakis, Tikoian, McKenney, F. Lombardi, Sosnowski, and |
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17 | 17 | | Ciccone |
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18 | 18 | | Date Introduced: February 01, 2023 |
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19 | 19 | | Referred To: Senate Judiciary |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Sections 11-47-3.1 and 11-47-5.2 of the General Laws in Chapter 11-47 1 |
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24 | 24 | | entitled "Weapons" are hereby amended to read as follows: 2 |
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25 | 25 | | 11-47-3.1. Carrying a stolen firearm when committing a crime of violence. 3 |
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26 | 26 | | No person shall commit a crime of violence when armed with or having available a stolen 4 |
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27 | 27 | | firearm. Every person violating the provisions of this section shall be punished: (1) for the first 5 |
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28 | 28 | | conviction by imprisonment for not less than five (5) ten (10) nor more than fifteen (15) twenty 6 |
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29 | 29 | | (20) years and must serve at least five (5) years without the eligibility for parole or probation; (2) 7 |
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30 | 30 | | for a second conviction under this section by imprisonment for not less than fifteen (15) nor more 8 |
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31 | 31 | | than twenty (20) twenty-five (25) years and must serve at least ten (10) years without the eligibility 9 |
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32 | 32 | | for parole or probation; and (3) for a third or subsequent conviction under this section by 10 |
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33 | 33 | | imprisonment for not less than twenty (20) twenty-five (25) years and may be imprisoned for life 11 |
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34 | 34 | | and must serve at least fifteen (15) years without the eligibility for parole or probation. The sentence 12 |
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35 | 35 | | imposed shall be consecutive to the underlying sentence for the crime of violence. 13 |
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36 | 36 | | 11-47-5.2. Possession of a stolen firearm. 14 |
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37 | 37 | | It shall be unlawful for any person to possess a stolen firearm, knowing it to be stolen. Any 15 |
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38 | 38 | | person in violation of this section shall be guilty of a felony and subject to imprisonment for not 16 |
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39 | 39 | | less than three (3) five (5) years nor more than fifteen (15) twenty (20) years. Any person convicted 17 |
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40 | 40 | | under this section who is a first offender shall serve at least three (3) years without the eligibility 18 |
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41 | 41 | | for parole or probation and any person convicted of a second or subsequent offense shall serve at 19 |
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43 | 43 | | |
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44 | 44 | | LC000340 - Page 2 of 3 |
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45 | 45 | | least ten (10) years without the eligibility for parole or probation. 1 |
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46 | 46 | | SECTION 2. This act shall take effect upon passage. 2 |
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47 | 47 | | ======== |
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48 | 48 | | LC000340 |
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51 | 51 | | |
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52 | 52 | | LC000340 - Page 3 of 3 |
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53 | 53 | | EXPLANATION |
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54 | 54 | | BY THE LEGISLATIVE COUNCIL |
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55 | 55 | | OF |
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56 | 56 | | A N A C T |
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57 | 57 | | RELATING TO CRIMINAL OFFENSES - WEAPONS |
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58 | 58 | | *** |
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59 | 59 | | This act would increase the sentences for carrying a firearm when committing a crime of 1 |
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60 | 60 | | violence and for possessing a stolen firearm and would require that a person convicted of these 2 |
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61 | 61 | | offenses serve a period of time in which they would not be eligible for parole or probation. Penalties 3 |
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62 | 62 | | would increase for second and subsequent offenses. 4 |
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63 | 63 | | This act would take effect upon passage. 5 |
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64 | 64 | | ======== |
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65 | 65 | | LC000340 |
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